New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995

- As at 1 January 2025
- Act 94 of 1995

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects
   4.      Definitions and notes
   5.      Act binds Crown

   PART 2 - (Repealed)
   None

   PART 3 - NETWORK OPERATIONS IN THE RETAIL MARKET

           Division 1 - Network operations

   12A.    Meaning of "distribution system"
   13.     Operation of distribution systems for retail supply
   14.     Licences
           15, 15A. (Repealed)
   16.     Distributors to convey electricity for certain persons only
           17, 18. (Repealed)
           Divisions 2, 3 - (Repealed)
           None

           Division 4 - Requirements relating to customer connection services

   24.     Application
   25.     (Repealed)
   26.     Service lines
   27.     Service equipment
   28.     Transformers
   29.     (Repealed)
   30.     Requirements as to installation and use of apparatus
   31.     Customer may choose supplier and contractor
   31A.    Accredited service providers
   32.     (Repealed)

           Division 5 - Levy

   32A.    Definitions
   32AA.   Exemption for transacted distribution system
   32B.    Distributor's levy
   32C.    Variation of levy
   32D.    Becoming a licensee during a year
   32E.    Ceasing to be a licensee during a year
   32F.    Payment and recovery of levy
   32G.    Operation of Division

   PART 4 - RETAIL PRICING FOR ELECTRICITY
   Divisions 1-3A - (Repealed)
   None

           Division 4 - Pricing of electricity

   43A.    Definitions
   43B.    Pricing of electricity for customers other than exempt customers
   43C.    (Repealed)
   43D.    Returns
   43E.    Operation of Division
           Divisions 5, 6 - (Repealed)
           None

   PART 4A - (Repealed)
   None

   PART 5 - POWERS AND DUTIES OF NETWORK OPERATORS AND RETAILERS

           Division 1 - Acquisition of land

   44.     Acquisition of land

           Division 2 - Powers and duties relating to electricity works

   45.     Erection and placement of electricity works
   46.     Damage to be made good
   47.     Altering position of conduit
   48.     Interference with electricity works by trees
   49.     Obstruction of electricity works
   49A.    Excavation work affecting electricity works
   50.     Charges for placement of electricity works
   51.     Ownership of electricity works
   52.     Interruption to electricity supply for maintenance
   53.     Protection of certain electricity works

           Division 2A - Special powers for bush fire prevention

   53A.    Definitions
   53B.    Application of Division
   53C.    Power to give directions for bush fire risk mitigation work on private land
   53D.    Responsibility for cost of bush fire risk mitigation work under direction
   53E.    Contents of direction
   53F.    Compliance with direction
   53G.    Compensation
   53H.    Effect of other laws
   53I.    Hardship policy for cost recovery

           Division 3 - Powers of entry

   54.     Powers of entry
   55.     Notice of entry
   56.     Use of force
   57.     Notification of use of force or urgent entry
   58.     Care to be taken
   59.     Recovery of cost of entry and inspection
   60.     Compensation
   61.     Certificates of authority to enter land
   62.     Entry to residential premises
   63.     Warrants of entry
   63A.    Other powers of entry unaffected

   PART 5A - MARKET OPERATIONS

   63B.    Definition
   63C.    Market operations rules
   63D.    Obligations under rules
   63E.    (Repealed)

   PART 5B - (Repealed)
   None

   PART 5C - REMOVAL OF ELECTRICITY STRUCTURES

   63K.    Secretary may direct distributor to remove structure

   PART 5D - ELECTRICITY SAFETY

           Division 1 - General

   63L.    Interpretation

           Division 2 - Inspectors

   63M.    Inspectors
   63N.    Obstruction of inspectors

           Division 3 - Electrical equipment

   63O.    (Repealed)
   63P.    Examination and testing of electricity delivery equipment
   63Q.    Orders prohibiting the unsafe operation of electricity delivery equipment

           Division 4 - Accident reporting and investigation

   63R.    Notification of serious electricity works accidents
   63S.    Investigation of serious electricity works accidents
   63T.    Powers of inspectors
   63U.    Interference with site of serious electricity works accident
   63V.    Publication of details of serious electricity works accidents

           Division 5 - Enforcement

   63W.    Search warrants

   PART 5E - PROTECTION OF UNDERGROUND ELECTRICITY POWER LINES

   63X.    Definitions
   63Y.    Provision of information on underground electricity power lines by network operators
   63Z.    Requirements in relation to carrying out of certain excavation work
   63ZA.   Notification of damage to underground electricity power lines
   63ZB.   Orders for costs, expenses and compensation at time offence proved
   63ZC.   Civil liability of designated information provider

   PART 6 - OFFENCES

           Division 1 - General offences

   64.     Theft of electricity
   65.     Interference with electricity works
   65A.    Entering, climbing or being on electricity works
   66.     Interference with electricity meters
   67.     Interference with distributor's seals
   68.     Unauthorised connections
   69.     Unauthorised increase in capacity of connections
   70.     Unauthorised alterations and additions to electrical installations
   71.     Obstruction of authorised officers

           Division 2 - (Repealed)
           None

           Division 3 - Supplementary orders

   73.     Local Court may order disconnection and discontinuance of electricity supply
   74.     (Repealed)
   75.     Court may order payment
   76.     Orders for payment operate as judgments

   PART 6A - STEP-IN RIGHTS--NETWORK ADMINISTRATION ORDERS

   76A.    Definition
   76B.    Grounds for issue of Network Administration Order
   76C.    What a Network Administration Order authorises
   76D.    Powers of step-in operator
   76E.    Obligations of network operator
   76F.    Costs of administration
   76G.    Liability under Network Administration Order
   76H.    Procedure for Network Administration Order

   PART 7 - ADMINISTRATION

           Division 1 - Regulatory functions of Tribunal

   77.     Regulatory functions of Tribunal
           78-82. (Repealed)

           Division 2 - Distribution districts

   83.     Distribution districts of distributors
   84.     Variation of distribution districts
   85.     Transfer of staff, assets, rights and liabilities

           Division 3 - Licence auditing

   86.     (Repealed)
   87.     Licence auditing functions of Tribunal
   87A.    Cost of audit
   87B.    Provision and maintenance of information, documents and evidence
   87C.    Offences
   87D.    (Repealed)
   88.     Annual reports

           Division 4 - Customer consultative groups

   89.     Appointment of customer consultative groups
   90.     Constitution of customer consultative groups
   91.     Functions of customer consultative groups

           Division 5 - General

   92.     Enforceable undertakings
   93.     Transmission systems
   93A.    Operation of transacted transmission system
   93B.    Operating a REZ network infrastructure project transmission system
   94.     Authorised officers

   PART 7A - MANAGEMENT OF ELECTRICITY SUPPLY EMERGENCIES

   94A.    Declaration of electricity supply emergency
   94B.    Electricity supply emergency directions
   94BA.   Electricity supply emergency--cyber security directions
   94C.    Requirement to comply with electricity supply emergency directions
   94D.    Requirement to provide information in connection with electricity supply emergency
   94E.    Disclosure of information provided to Minister
   94F.    Provisions relating to requirement to provide information
   94G.    Appointment of authorised officers
   94H.    Powers of authorised officers
   94I.    Exclusion of personal liability

   PART 8 - APPEALS AND RESOLUTION OF DISPUTES

   95.     Appeals against decisions concerning licences
   95A.    Administrative review of certain decisions concerning licences
   96.     (Repealed)
   96A.    Review of certain decisions under energy ombudsman scheme
   96B.    Energy ombudsman scheme
   96C.    Licence conditions relating to approved energy ombudsman scheme
   96D.    Obligations of retailers under energy ombudsman scheme
   97.     Resolution of disputes between public authorities

   PART 8A - REDUCTION OF GREENHOUSE GAS EMISSIONS

           Division 1 - Preliminary

   97A.    Objects of Part
   97AB.   Definitions

           Division 2 - Greenhouse gas benchmarks

   97B.    State greenhouse gas benchmark
   97BA.   Greenhouse gas benchmarks to apply to benchmark participants
   97BB.   Benchmark participants
   97BC.   Principles for determining greenhouse gas benchmarks for benchmark participants
   97BD.   Principles for determining compliance with greenhouse gas benchmarks
   97BE.   Greenhouse shortfalls may be carried forward
   97BF.   Factors to be determined and published before commencement of each compliance period
   97BG.   Evidentiary provisions relating to benchmarks

           Division 3 - Enforcement of greenhouse gas benchmarks

   97C.    (Repealed)
   97CA.   Greenhouse penalties
   97CB.   Annual greenhouse gas benchmark statements
   97CC.   Restrictions on surrender of abatement certificates for benchmark purposes
   97CD.   Assessment of compliance with greenhouse gas benchmarks
   97CE.   Validity of assessment
   97CF.   Waiver or suspension of obligations in emergencies

           Division 4 - Accreditation of abatement certificate providers

   97D.    Accredited persons may create abatement certificates
   97DA.   Eligibility for accreditation
   97DB.   Application for accreditation
   97DC.   Duration of accreditation
   97DD.   Conditions of accreditation
   97DDA.  Variation or revocation of conditions of accreditation
   97DE.   Accreditation not transferable

           Division 5 - Creation of abatement certificates

   97E.    Accredited abatement certificate provider may create certificates
   97EA.   Value of certificate
   97EB.   Entitlement to create abatement certificates
   97EC.   When certificates may be created
   97ED.   Creation of certificate must be registered
   97EE.   Duration of certificate
   97EF.   Scheme Administrator may require surrender of certificates
   97EG.   Records to be kept by accredited abatement certificate providers

           Division 6 - Transfers and other dealings in abatement certificates

   97F.    Types of abatement certificate
   97FA.   Transferability of certificates
   97FB.   Application for registration of transfer
   97FC.   Other dealings in certificates
   97FD.   Holder of certificate may deal with certificate
   97FE.   Scheme Administrator not concerned as to legal effect of transaction

           Division 7 - Registers

   97G.    Establishment and keeping of registers
   97GA.   Register of accredited abatement certificate providers
   97GB.   Register of abatement certificates
   97GBA.  Information from registers
   97GC.   Evidentiary provisions
   97GD.   Correction of register

           Division 8 - Functions of Tribunal and Scheme Administrator

   97H.    Functions of Tribunal
   97HA.   Scheme Administrator
   97HB.   Conduct of audits
   97HC.   Provision of information, documents and evidence
   97HD.   Cabinet information and proceedings
   97HE.   Confidential information
   97HF.   Annual report by Tribunal

           Division 9 - Reviews

   97I.    Administrative review by Civil and Administrative Tribunal of decisions about certificates and related matters

           Division 10 - Offences
           Note

   97J.    Improper creation of certificates
   97JA.   Obstruction of Tribunal or Scheme Administrator
   97JB.   False or misleading information
   97JC.   (Repealed)

           Division 11 - Greenhouse gas benchmark rules

   97K.     Greenhouse gas benchmark rules
   97KA.   Obligations under greenhouse gas benchmark rules

           Division 12 - Termination of operation of Part

   97KB.   Termination of scheme

   PART 8B - ENERGY SECURITY SAFEGUARD

           Division 1 - Preliminary

   98A.    Definitions

           Division 2 - Constitution and object of safeguard

   98B.    Constitution of safeguard
   98C.    Object of safeguard

           Division 3 - Schemes to give effect to object of safeguard

   98D.    Giving effect to object of safeguard through schemes
   98E.    Regulations to amend Schedule 4A
   98EA.   Regulations for schemes established by regulations amending Schedule 4A

           Division 4 - Limitations on schemes

   98F.    Schemes must have scheme objects consistent with object of safeguard
   98G.    No further provision for schemes after 2021

   PART 9 - (Renumbered)
   None

   PART 10 - MISCELLANEOUS

   179A.   Compensation not payable
   179.    Exercise of functions where more than one network operator
   180.    Confidentiality of information provided to Tribunal
   181.    Electricity network pricing determinations
   181A.   Cyber security requirements
   182.    Agreement with licensed distributors
   183.    Delegation of Minister's functions
   183A.   Personal liability of authorised officers
   184.    Directors and managers liable for offences committed by corporations
   185.    Proceedings for offences
   186.    Recovery of fees and penalties
   187.    Penalty notices
   188.    Recovery of charges by network operators, wholesale suppliers and retailers
   189.    Application of Act outside local government areas
   190.    Provision of information to Minister
   190A.   Reports to Parliament
   191.    Regulations
   192.    Recovery of distribution and transmission charges from green hydrogen producers
   192A.   Regulations relating to community-scale batteries
   193.    Savings, transitional and other provisions
           194, 195. (Repealed)
   196.    Power of entry by metering coordinator and metering provider
           Schedule 1 (Repealed)
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 4A
           SCHEDULE 5
           Schedule 5B (Repealed)
           SCHEDULE 6
           Dictionary